Third DUI Offense in Montana

On the third conviction for DUI in Montana, an offender will be sentenced to between 30 days and 1 year in jail and a fine of between $1,000 and $5,000. Like a first and second offense, if one of the passengers in the vehicle at the time of the offense is under the age of 16 the penalties increase.

At least 48 hours of the sentence must be served consecutively and may not be served under home arrest. The first 10 days of the sentence may not be suspended – and the rest of the sentence may be suspended for up to 1 year pending successful completion of a chemical dependency treatment program.

A suspended sentence is where a person has been sentenced to a certain period of time, but is not required to serve all of it. For example, a person could be sentenced to 5 days, but only be required to serve 1 in jail. In this case, the other 4 days would be suspended. Often, the suspended sentence is conditioned on something happening (or not happening). If you fail to abide by the terms of your suspended sentence, the rest of it will be imposed. So in the example above, you would be required to serve all 5 days.

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